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The Cabotage Principle on Law Enforcement for Licensing Ship Operations in Indonesian Waters Ratnawati, Elfrida; Arliman S, Laurensius; Budhianti, Meta Indah; Multi Wijaya, Vience Ratna; Razak, Aida Abdul
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.182

Abstract

This study aims to examine and comprehend the cabotage principle on law enforcement for licensing ship operations in Indonesian Waters. This study is a descriptive analysis of normative legal research.   Secondary data, comprising primary, secondary, and tertiary legal materials, is utilized. Techniques for collecting data involve library research, whereas techniques for analyzing data involve legal interpretation.  The study results show that Indonesia has regulated the cabotage principle in several regulations. However, supervision in applying this principle has not been optimal due to the increase in transactions between countries due to globalization and overlapping shipping permit issues marked by overlapping authority between the 13 (thirteen) mandated ministries/state institutions by 17 (seventeen) laws as law enforcement officers in marine and coastal areas. The overlap in authority referred to is characterized by the same authority to carry out supervision, pursuit, and investigation in Indonesia's maritime and jurisdictional areas.
Restorative Justice in Criminal Law Reform in Indonesia Multi Wijaya, Vience Ratna; Widjajanti, Ermania -
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.3340

Abstract

Restorative justice is indispensable in preventing an increase in crime. As countries in the world such as Canada, the United Kingdom and even the United Nations' 1975 Fifth Annual Session began to discuss Restorative Justice, it was expected that member states would also begin to use it in their positive laws. Restorative justice can monetize the level of capacity in the Penitentiary, reduce budget costs for the criminal justice process. Restorative justice in Indonesia began to exist in SE Kapolri, Kajari and SE MA. The main issue in this paper is "How to regulate Restorative Justice in Indonesian Criminal Law Reform  ?". This article uses a legal research method based on law and ease approach by using normative approach, which aims to solve the problem about mentions. The target reached by implementing restorative justice. Generally, this article expectedly may contribute in the development of criminal justice system as an effort to embody fairness and certainty, justice and benefits.